THE SUPREME COURT OF TEXAS

EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th district (09‑02‑00072‑CV, 104 SW3d 247, 04‑10‑03)
Atofina's motion for rehearing granted
Evanston's motion for rehearing denied

The Court's opinion and judgment of February 15, 2008 are withdrawn and the opinion and judgment of this date are issued. The concurring and dissenting opinion by Justice Hecht, issued February 15, 2008, remains in place.

The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F.

Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Johnson joined.

GENERAL ELECTRIC COMPANY v. ARTHUR LEE MORITZ; from Tarrant County; 2nd district (02‑03‑00038‑CV, ___ SW3d ___, 05‑20‑04)
2 petitions

The Court reverses the court of appeals' judgment and renders judgment.

Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Medina, and Justice Willett joined.

Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined.

(Justice O'Neill not sitting)

FRYMIRE ENGINEERING COMPANY, INC. BY AND THROUGH REAL PARTY IN INTEREST, LIBERTY MUTUAL INSURANCE COMPANY v. JOMAR INTERNATIONAL, LTD. AND MIXER S.R.L.; from Dallas County; 5th district (05‑04‑01717‑CV, 194 SW3d 713, 05‑30‑06)

The Court reverses the court of appeals' judgment and remands the case to that court.

Justice Willett delivered the opinion of the Court.

JOHN LELAND, D.D.S. v. GEORGE C. BRANDAL AND RUTH L. BRANDAL; from Bandera County; 4th district (04‑05‑00855‑CV, 217 SW3d 60, 09‑13‑06)

The Court affirms the court of appeals' judgment.

Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.

Justice Brister delivered a dissenting opinion.

KAO HOLDINGS, L.P., D/B/A SEBRING APARTMENTS AND WILLIAM KAO v. ANNIE LEE YOUNG; from Harris County; 14th district (14‑05‑00398‑CV, 214 SW3d 504, 11‑21‑06)
motion to take judicial notice denied

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court modifies the court of appeals' judgment and affirms that judgment as modified.

Justice Hecht delivered the opinion of the Court.

CITY OF LUBBOCK v. GRACE NUNEZ AND JUAN NUNEZ, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF JOHN NUNEZ, III AND LISA HERNANDEZ; from Lubbock County; 7th district (07‑07‑00007‑CV, ___ SW3d ___, 05‑30‑07)
joint motion to dismiss appeal granted

TXI TRANSPORTATION COMPANY, ET AL. v. RANDY HUGHES, ET AL.; from Wise County; 2nd district (02‑04‑00242‑CV, 224 SW3d 870, 05‑24‑07)
as amended

[Note: The date and time for oral argument are yet to be determined.]

IN RE JAMES ALLEN HALL; from Bexar County; 4th district (04‑07‑00050‑CV, ___ SW3d ___, 02‑14‑07)

[Note: The date and time for oral argument are yet to be determined.]

CHRISTUS SPOHN HEALTH SYSTEM CORPORATION D/B/A CHRISTUS SPOHN HOSPITAL SHORELINE AND FRED PURNELL THOMAS, JR., M.D. v. ROBERT C. RENAUD; from Nueces County; 13th district (13‑04‑00524‑CV, ___ SW3d ___, 04‑20‑06)

MANUEL HABABAG, M.D. v. MARY GARCIA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MELANY AVILA, DECEASED, ET AL.; from Jefferson County; 9th district (09‑06‑00136‑CV, ___ SW3d ___, 10‑26‑06)

MARGARITA B. ZAVALA v. BRUCE EVAN FOSTER EXECUTOR OF THE ESTATE OF NILES REID FOSTER; from Ector County; 11th district (11‑05‑00315‑CV, 214 SW3d 106, 12‑21‑06)
2 petitions

MCKENNA MEMORIAL HOSPITAL, INC. AND ROBERT DONOVAN BUTTER, D.O. v. SANDRA QUINNEY; from Comal County; 3rd district (03‑06‑00119‑CV, ___ SW3d ___, 11‑10‑06)

JORGE MIRANDA, M.D. v. GUADALUPE ADRIANA MARTINEZ, BRYAN POWERS, AND LEMUEL LOPEZ; from Hidalgo County; 13th district (13‑06‑00386‑CV, ___ SW3d ___, 03‑08‑07)

VICTOR HADDAD, M.D. v. CESAR MARROQUIN AND OLGA BROWN; from Hidalgo County; 13th district (13‑07‑00014‑CV, ___ SW3d ___, 08‑29‑07)
2 petitions

BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA ROSA; from Dallas County; 5th district (05‑07‑00639‑CV, 240 SW3d 565, 12‑07‑07)

MARYLAND CASUALTY COMPANY, NATIONAL STANDARD INSURANCE COMPANY, AND MARYLAND LLOYDS v. SOUTH TEXAS MEDICAL CLINICS, P.A.; from Wharton County; 13th district (13‑06‑00089‑CV, ___ SW3d ___, 01‑10‑08)

CONNIE ALLEN, SURVIVING SPOUSE AND LEGAL REPRESENTATIVE OF GRANVILLE DEAN ALLEN v. TED C. SCOTT, M.D.; from Lubbock County; 7th district (07‑06‑00075‑CV, ___ SW3d ___, 01‑25‑08)

GENERAL STAR INDEMNITY COMPANY v. GULF COAST MARINE ASSOCIATES, INC.; from Harris County; 14th district (14‑06‑00662‑CV, ___ SW3d ___, 02‑14‑08)

STUART SPITZER, M.D. v. MADELON BERRY, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE/ADMINISTRATOR/EXECUTOR OF THE ESTATE OF TOMMY BERRY; from Henderson County; 12th district (12‑07‑00276‑CV, 247 SW3d 747, 02‑22‑08)
respondents' motion to dismiss for want of jurisdiction denied

MIRNA ACOSTA, INDIVIDUALLY AND AS NEXT FRIEND, NATURAL PARENT, AND LEGAL GUARDIAN OF DENIS ACOSTA, A MINOR v. MEMORIAL HERMANN HOSPITAL SYSTEM, MEMORIAL HERMANN HOSPITAL SYSTEM D/B/A MEMORIAL HERMANN SOUTHWEST HOSPITAL AND GREATER HOUSTON ANESTHESIOLOGY, P.A.; from Harris County; 14th district (14‑07‑00001‑CV, ___ SW3d ___, 01‑22‑08)

ELISABETH S. BROCKIE v. BRIAN L. WEBB AND WEBB & ACKELS, P.C.; from Dallas County; 5th district (05‑06‑01711‑CV, 244 SW3d 905, 02‑11‑08)
motion for leave to exceed page limits denied

The Court strikes the petition for review with the following notations: "The petition violates Texas Rules of Appellate Procedure 53.6 and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed June 23, 2008."

TRUCKLOAD FIREWORKS, INC. v. WILLIAM C. MORROW, JIMMY SMITH, MIKE BRADFORD, JULIUS BROOKS AND RANDY PRUDE; from Midland County; 11th district (11‑06‑00197‑CV, 230 SW3d 232, 03‑22‑07)

JESUS IBARRA v. PEGGY NICHOLES, LESA NICHOLES AND SALON N.V. AND DAY SPA, INC.; from Harris County; 1st district (01‑06‑00762‑CV, ___ SW3d ___, 08‑02‑07)

IN RE STEVEN WAYNE BELL, SR.; from Denton County; 2nd district (02‑08‑00128‑CV, ___ SW3d ___, 04‑21‑08)

IN RE WILLIAMS GAS PROCESSING COMPANY, N/K/A WILLIAMS FIELD SERVICES COMPANY, LLC; from Harris County; 14th district (14‑07‑01026‑CV, ___ SW3d ___, 01‑31‑08)

IN RE ROBERT HOLEMAN TWIST AND STEPHEN T. LEAS; from Hidalgo County; 13th district (13‑07‑00105‑CV, 248 SW3d 351, 12‑05‑07)

IN RE ADVENTIST HEALTH SYSTEMS/SUNBELT, INC. D/B/A HUGULEY MEMORIAL MEDICAL CENTER; from Dallas County; 5th district (05‑08‑00657‑CV, ___ SW3d ___, 05‑23‑08)
relator's motion for emergency stay denied

IN RE FEDEX GROUND PACKAGE SYSTEM, INC.; from Travis County; 3rd district (03‑08‑00240‑CV, ___ SW3d ___, 05‑07‑08)
relator's motion to dismiss granted

IN RE MARY JANE BARTON; from Randall County; 7th district (07‑08‑00123‑CV, ___ SW3d ___, 04‑30‑08)
motion for leave to file mandamus in excess of page limit denied

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 52.6 and is struck."

IN RE CYNTHIA R. FROST; from Smith County; 12th district (12‑08‑00154‑CV, ___ SW3d ___, 05‑21‑08)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 52.6 and is struck."